Alabama Senate Bill SB312

Alabama 2022 Regular Session

• Introduced: 3/15/22
• Refer: 3/15/22

Caption

COVID-19, occupational licensing boards prohibited to take adverse action based on physician's recommended COVID-19 treatment, health care facilities and pharmacies required to fulfill patient's COVID-19 treatment request, cause of action provided

Impact

The enactment of SB312 could significantly alter the landscape of medical practice concerning COVID-19 treatments. By prohibiting disciplinary actions against physicians who prescribe unapproved treatments, the bill empowers doctors to make treatment decisions based on their professional judgment and the specific needs of their patients. This may lead to more diverse treatment options for COVID-19 patients, but it raises concerns among some healthcare providers and regulatory bodies about the potential risks associated with off-label medications without FDA endorsement.

Summary

SB312 aims to protect physicians from adverse actions by occupational licensing boards when they recommend COVID-19 treatments not approved by the FDA. The bill requires that patients provide written, informed consent if they choose to receive such treatments. Additionally, it mandates that pharmacies and healthcare facilities fulfill patients' requests for these off-label COVID-19 treatments, enhancing patient autonomy over their healthcare decisions. An important aspect of the bill is its provision of civil immunity to pharmacies and healthcare entities that comply with these requirements, effectively shielding them from lawsuits relating to such treatments.

Contention

Critics of SB312 argue that the bill could lead to potential abuses in prescribing practices and undermine the importance of FDA approval in ensuring patient safety. They contend that allowing physicians greater latitude in recommending non-FDA-approved treatments could result in patients receiving ineffective or harmful medications under the guise of experimental treatment. Supporters, however, believe that the flexibility introduced by SB312 is essential in addressing urgent and evolving public health challenges posed by the pandemic, asserting that it provides needed protections for both patients and physicians.